Under NI, the accused has to bring on record something which is probable defence for getting the burden of proof shifted on the complainant – Shriram Transport Finance Co. Ltd. Vs. State of Gujarat and Anr. – Gujarat High Court
The use of phrase that “until the contrary it is proved” under section 118 of the Act and use of the words “unless the contrary is proved” under section 139 of the Act read with definition of “may presume and shall presume” as given under section 4 of the Evidence Act makes it at once clear that presumption to be raised under both the provisions are rebuttable, when the presumption is rebuttable it only points out that party on whom the duty of going forward with evidence lies, on the fact presumed when the party has produced evidence fairly and reasonably tending to show that real fact is not as presumed, the purpose of presumption is over.